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chandra (csreddy_2001@yahoo.com)     02 July 2014

Equl share on father propery

I am Sumathy from Andhra Pradesh. my  Father got 8 acres land from  my grad father (without will). From the profits derived from 8 acres he purchased another 36.32 acres land total my father have 45.32 acres. In this 40 acres land is in my Village and 5.32 acres land is in a town.

 My Father has 4 daughters (no sons). I am the eldest.  At the time of  my elder sister’s marriage my father said that I don’t  have  any share in 5.32 acres land which is located at in Town but I have share in 40 acres land which is in village and I orally accepted it.  My father did 0.12 acres of land as a gift deed to my 3 sisters in the year 1985  and 5.2 acres of land in 1993 as gift Registration through ROR. 2 years back without informing me my father did 35 acres as gift deed registration to my 3 sisters.

If I approach the court Shall I get equal share on 45.32 acres?



Learning

 3 Replies

Advocate Ravinder (Advocate/Attorney)     03 July 2014

You will get equal share as it is ancestral property. Total five parts. Your Father and 4 sisters.  Please send all the documents to me either through email or DTDC courier, so that I can give you elaborate legal opinion, so that you can file a partition suit. Where do you stay in Andhra Pradesh. I am from Hyderabad, Telangana. My email id ravinder2345@gmail.com. If you do not have documents, we can obtain certified copies of the same.

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

I think I may have respectfully disagree with the opinion of advocate Mr. Ravinder on this issue.  From the contents of the  query it cannot be ascertained that the property is of ancestral in nature.  The querist's father inherited the property from his father and he developed it. On inheritance, her father becomes the absolute owner of entire properties and he has full powers to dispose the same in any manner he desires so, hence I am afraid that whether the author can legally claim any right to a share in the property.  She may  by convening a meeting of all the household members, can place a  request for a share in the property.

Advocate Ravinder (Advocate/Attorney)     03 July 2014

@Kalaiselvan.

Please go through the contents of the author. The father has purchased the properties with the help of ancestral properties of grand father, hence the property of father also becomes ancestral in nature. The nucleaus of ancestral is established here. Even a contribution of single rupee is enough to change the nature from self acquired to ancestral.

"From the profits derived from 8 acres he purchased another 36.32 acres land total my father have 45.32 acres."

 


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